Carl C. Risch

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Effective January 5, 2023, the United States will require nearly all air travelers from the People’s Republic of China (PRC), Hong Kong, and Macau to present a negative COVID test or documentation of recovery before boarding their departing flight, according to a press release from the Centers for Disease Control & Prevention (CDC). The test must be taken within two days of departure. The new precaution applies regardless of the traveler’s nationality, and only individuals under age two are exempt. The move represents the first new COVID-related travel restriction imposed by the United States since the rollback of pre-travel testing requirements earlier this year. The United States joins a growing number of countries that are considering COVID-related precautions for travelers from China following the abrupt end of the PRC  government’s “Zero COVID” strategy.…

Continue Reading United States Imposes COVID Testing Requirements on Travelers from China

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The D.C. Circuit Court of Appeals agreed with the below D.C. District Court that allowing international students to work in their field of study for up to three years was within the Department of Homeland Security’s (DHS) authority to set the conditions of foreign graduates’ stay in the U.S.

Continue Reading D.C. Appeals Court Holds F-1 Student Visa Holder Work Authorization to Remain Unchanged

On June 10, 2022, the Centers for Disease Control and Prevention (CDC) announced the rescission of the Order titled “Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving in the United States from any Foreign Country.” This rescission takes effect for flights departing…

Busy airport after sunset

Effective January 31, 2022, Customs and Border Protection (CBP) has implemented new Codes of Admission for spouses and children of L and E visa holders.  The new codes are:

E-1S – Spouse of E-1 E-3S – Spouse of E-3
E-1Y – Child of E-1 E-3Y – Child of E-3
E-2S – Spouse of E-2 L-2S – Spouse of L-1A or B
E-2Y – Child of E-2 L-2Y – Child of L-1A or B

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Continue Reading CBP Announces New Admission Codes for Work-Authorized L2 and E2 Spouses

On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview requirement for certain temporary work visa applicants who have petitions approved by U.S. Citizenship and Immigration Services (USCIS).  This authorization will expire on December 31, 2022.  Interviews may be waived for temporary workers applying for the following visa types:  H-1, H-3, H-4, L, O, P, and Q.  As the authorization requires a USCIS-approved petition, it does not appear to apply to individual visa applications submitted pursuant to approved “L” blankets.  In order to qualify, an applicant must meet the following requirements:
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Continue Reading State Department Will Waive Interviews for Many Temporary Work Visa Applicants

In response to the omicron variant, the U.S. Centers for Disease Control and Prevention (CDC) has significantly shortened the time period during which travelers must secure a negative COVID-19 test before traveling to the United States.  All air passengers 2 years or older with a flight departing to the U.S. from a foreign country after 12:01am EST on December 6, 2021, are required show a negative COVID-19 viral test result taken no more than 1 day before travel, or documentation of having recovered from COVID-19 in the past 90 days, before they board their flight.  Previously, the 1-day rule only applied to unvaccinated travelers, and vaccinated travelers were allowed 3 days before departure to secure negative test results.
Continue Reading CDC Now Requires COVID Testing 1 Day Prior to Travel to the US

On November 26, 2021, in response to the discovery of the omicron variant of the virus which causes COVID-19, the Biden Administration issued a Presidential Proclamation banning the entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe during the past 14-day period.  This ban comes only 19 days after the U.S. government ended its COVID-19 travel bans worldwide and replaced them with a vaccine mandate for travel to the United States.  The Proclamation is effective at 12:01 a.m. eastern standard time on November 29, 2021 and does not apply to persons aboard a flight scheduled to arrive in the U.S. that departed prior to 12:01 a.m. eastern standard time on November 29, 2021.
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Continue Reading Omicron Variant Triggers U.S. Travel Ban from Eight African Countries

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert and new policy guidance addressing Employment Authorization Document (EAD) auto-extensions for H-4, E, and L spouses and to clarify that E and L dependent spouses will be considered work authorized incident to nonimmigrant status.  USCIS confirmed that the Department of Homeland Security (DHS) will take steps to modify Forms I-94 to distinguish E and L dependent spouses from E and L dependent children.  Until Forms I-94 are updated, E and L spouses will continue to require an EAD (or an automatically extended EAD) as evidence of employment authorization.  Under the terms of a settlement entered into on November 10, 2021, the changes to L-2 Forms I-94 will be made within 120 days.
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Continue Reading USCIS Relaxes Rules for H-4, L-2, and E-2 Spouse Work Permits

On November 1, 2021, the Department of Labor (DOL) found that labor shortages resulting from the COVID-19 pandemic do not qualify as a “one-time occurrence” justifying the hiring of H-2B temporary workers.  The H-2B program allows U.S. employers to hire foreign workers to fill temporary non-agricultural positions in the United States. Before hiring an H-2B worker, the employer must file an application with DOL. In particular, the employer must demonstrate that a “temporary” need for foreign workers exists due to: (1) a one-time occurrence; (2) the seasonal nature of the business; (3) a short-term spike in demand (i.e., a peak load); or (4) the intermittent nature of the work.
Continue Reading DOL Finds that Pandemic is not Sufficiently “Temporary” for H-2B Program

Effective November 8, 2021, the Biden Administration will rescind the COVID-19 travel restrictions banning most travel from Europe, Brazil, India, China, Iran, and South Africa.  In its place, the Administration will impose new COVID-19 prevention protocols on all international air travelers, including those coming from countries not previously impacted by the COVID-19 travel bans.  On October 25, 2021, the White House provided specific operational details describing how the program will be implemented and who will — and will not — be impacted by the new rules.  …
Continue Reading U.S. Announces Operational Details for Replacement of Travel Bans with Vaccine Mandate on November 8